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30/04/2023
Lionel Stride successfully persuaded the Judge to allow late amendments to the pleaded case (allowing a new ‘consent’ argument to be run) that reflected the developed evidence of the Claimant’s medical experts less than 3 months prior to trial in a complex High Court clinical negligence claim arising out of the failure adequately to bandage ulcered legs, leading to delayed recovery, prolonged immobility, foot drop and profound ongoing disability. In a case pleaded at circa £5million with the claimant having suffered permanent disability, the Judge found that, despite inevitable consequences for the trial timetable, the overwhelming prejudice to the Claimant justified permitting the amendments. This ultimately persuaded the Defendants to agree to a mediation and the parties were able to reach an agreed settlement of the claim shortly prior to the commencement of the trial on liability.